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8/13/2019 Ohio HB-203 PDF
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As Passed the House
130th General Assembly
Regular Session Sub. H. B. No. 203
2013-2014
Representative Johnson
Cosponsors: Representatives Henne, Gonzales, Adams, J., Conditt,
Retherford, Maag, Hottinger, Terhar, Brenner, Beck, Lynch, Sprague, Becker,
Derickson, Wachtmann, Buchy, Perales, Amstutz, Blair, Boose, Burkley,
Dovilla, Green, Hall, Hayes, Hood, Landis, McClain, Rosenberger, Ruhl,
Sears, Smith, Young Speaker Batchelder
A B I L L
To amend sections 9.68, 109.69, 109.731, 109.85,
109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31,
2923.11, 2923.125, 2923.1213, 2923.13, and 2923.14
and to repeal sections 2923.1210 and 2923.22 of
the Revised Code to modify concealed handgun law;
to permit investigators employed by the Attorney
General to investigate Medicaid fraud to go armed
in the same manner as sheriffs and regularly
appointed police officers; to expand the locations
at which a person has no duty to retreat before
using force in self-defense; and to provide that
the exercise of a constitutional or statutory
right is not, in itself, the offense of disorderly
conduct or inducing panic and does not constitute
reasonable, articulable suspicion of criminal
activity.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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Section 1. That sections 9.68, 109.69, 109.731, 109.85,
109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31, 2923.11,
2923.125, 2923.1213, 2923.13, and 2923.14 of the Revised Code be
amended to read as follows:
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Sec. 9.68. (A) The individual right to keep and bear arms,
being a fundamental individual right that predates the United
States Constitution and Ohio Constitution, and being a
constitutionally protected right in every part of Ohio, the
general assembly finds the need to provide uniform laws throughout
the state regulating the ownership, possession, purchase, other
acquisition, transport, storage, carrying, sale, or other transfer
of firearms, their components, and their ammunition. Except as
specifically provided by the United States Constitution, Ohio
Constitution, state law, or federal law, a person, without further
license, permission, restriction, delay, or process, may own,
possess, purchase, sell, transfer, transport, store, or keep any
firearm, part of a firearm, its components, and its ammunition.
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(B) If, in an action or proceeding, the validity of a
firearms ordinance, rule, or regulation is questioned under
division (A) of this section:
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(1) Voluntary repeal of the ordinance, rule, or regulation
during the action or proceeding entitles the person, group, or
entity questioning the ordinance, rule, or regulation to judgement
in the person's, group's, or entity's favor, and the court shall
award to the person, group, or entity a civil forfeiture of one
hundred dollars for each day the challenged ordinance, rule, or
regulation remained in effect after the action or proceeding
commenced.
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(2) In addition to any other relief provided, the court shall
award costs and reasonable attorney fees to any person, group, or
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entity that prevails in a challenge to an a firearms ordinance,
rule, or regulation as being in conflict with this section Ohio
law.
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(C) As used in this section: 50
(1) The possession, transporting, or carrying of firearms,
their components, or their ammunition include, but are not limited
to, the possession, transporting, or carrying, openly or concealed
on a person's person or concealed ready at hand, of firearms,
their components, or their ammunition.
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(2) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
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(D) This section does not apply to either of the following: 58
(1) A zoning ordinance that regulates or prohibits the
commercial sale of firearms, firearm components, or ammunition for
firearms in areas zoned for residential or agricultural uses;
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(2) A zoning ordinance that specifies the hours of operation
or the geographic areas where the commercial sale of firearms,
firearm components, or ammunition for firearms may occur, provided
that the zoning ordinance is consistent with zoning ordinances for
other retail establishments in the same geographic area and does
not result in a de facto prohibition of the commercial sale of
firearms, firearm components, or ammunition for firearms in areas
zoned for commercial, retail, or industrial uses.
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Sec. 109.69. (A) The attorney general shall determine if
another state automatically, without written agreement, recognizes
a concealed handgun license issued under section 2923.125 or
2923.1213 of the Revised Code. If the attorney general determines
that another state automatically, without written agreement,
recognizes a concealed carry license issued under either of those
sections, all of the following apply:
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(1) The attorney general shall publish that determination in
the same manner that written agreements entered into under
division (B)(1) or (2) of this section are published.
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(2) That determination shall have the same force and effect
as a written agreement entered into under division (B)(1) or (2)
of this section.
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(3) The concealed handgun license issued by the other state
shall be accepted and is valid in this state in the same manner as
if a written agreement between this state and the other state
existed under division (B)(1) or (2) of this section.
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(B)(1) The attorney general shall negotiate and enter into a
reciprocity agreement with any other license-issuing state under
which a concealed handgun license that is issued by the other
state is recognized in this state if the attorney general
determines that both of the following apply:
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(a) The eligibility requirements imposed by that
license-issuing state for that license are substantially
comparable to the eligibility requirements for a concealed handgun
license issued under section 2923.125 of the Revised Code.
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(b) That the license-issuing state recognizes a concealed
handgun license issued under section 2923.125 of the Revised Code
and the license-issuing state requires a reciprocity agreement in
order to recognize a license issued under section 2923.125 of the
Revised Code.
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(2) A reciprocity agreement entered into under division
(A)(B)(1) of this section also may provide for the recognition in
this state of a concealed handgun license issued on a temporary or
emergency basis by the other license-issuing state, if the
eligibility requirements imposed by that license-issuing state for
the temporary or emergency license are substantially comparable to
the eligibility requirements for a concealed handgun license
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issued under section 2923.125 or 2923.1213 of the Revised Code and
if that license-issuing state recognizes a concealed handgun
license issued under section 2923.1213 of the Revised Code.
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(3) The attorney general shall not negotiate any agreement
with any other license-issuing state under which a concealed
handgun license issued by the other state is recognized in this
state other than as provided in divisions (A)(1) and (2) of this
section.
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(B)(C) As used in this section: 116
(1) "Handgun" and "concealed handgun license" have the same
meanings as in section 2923.11 of the Revised Code.
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(2) "License-issuing state" means a state other than this
state that, pursuant to law, provides for the issuance of a
license to carry a concealed handgun.
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Sec. 109.731. (A)(1) The Ohio peace officer training
commission attorney general shall prescribe, and shall make
available to sheriffs, all of the following:
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(1) An an application form that is to be used under section
2923.125 of the Revised Code by a person who applies for a
concealed handgun license and an application form that is to be
used under section 2923.125 of the Revised Code by a person who
applies for the renewal of a license of that nature, both of which
shall conform substantially to the forms prescribed in section
2923.1210 of the Revised Code;
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(2) A. The attorney general shall design the form to enable
applicants to provide the information that is required by law to
be collected, and shall update the form as necessary. Burdens or
restrictions to obtaining a concealed handgun license that are not
expressly prescribed in law shall not be incorporated into the
form.
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(2) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a form for the
concealed handgun license that is to be issued by sheriffs to
persons who qualify for a concealed handgun license under section
2923.125 of the Revised Code and that conforms to the following
requirements:
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(a) It has space for the licensee's full name, residence
address, and date of birth and for a color photograph of the
licensee.
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(b) It has space for the date of issuance of the license, its
expiration date, its county of issuance, the name of the sheriff
who issues the license, and the unique combination of letters and
numbers that identify the county of issuance and the license given
to the licensee by the sheriff in accordance with division (A)(4)
of this section.
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(c) It has space for the signature of the licensee and the
signature or a facsimile signature of the sheriff who issues the
license.
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(d) It does not require the licensee to include serial
numbers of handguns, other identification related to handguns, or
similar data that is not pertinent or relevant to obtaining the
license and that could be used as a de facto means of registration
of handguns owned by the licensee.
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(3) A series of three-letter county codes that identify each
county in this state;
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(4) A procedure by which a sheriff shall give each concealed
handgun license, replacement concealed handgun license, or renewal
concealed handgun license and each concealed handgun license on a
temporary emergency basis or replacement license on a temporary
emergency basis the sheriff issues under section 2923.125 or
2923.1213 of the Revised Code a unique combination of letters and
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numbers that identifies the county in which the license was issued
and that uses the county code and a unique number for each license
the sheriff of that county issues;
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(5) A form for a concealed handgun license on a temporary
emergency basis that is to be issued by sheriffs to persons who
qualify for such a license under section 2923.1213 of the Revised
Code, which form shall conform to all the requirements set forth
in divisions (A)(2)(a) to (d) of this section and shall
additionally conspicuously specify that the license is issued on a
temporary emergency basis and the date of its issuance.
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(B)(1) The Ohio peace officer training commission, in
consultation with the attorney general, shall prepare a pamphlet
that does all of the following, in everyday language:
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(a) Explains the firearms laws of this state; 182
(b) Instructs the reader in dispute resolution and explains
the laws of this state related to that matter;
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(c) Provides information to the reader regarding all aspects
of the use of deadly force with a firearm, including, but not
limited to, the steps that should be taken before contemplating
the use of, or using, deadly force with a firearm, possible
alternatives to using deadly force with a firearm, and the law
governing the use of deadly force with a firearm.
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(2) The attorney general shall consult with and assist the
commission in the preparation of the pamphlet described in
division (B)(1) of this section and, as necessary, shall recommend
to the commission changes in the pamphlet to reflect changes in
the law that are relevant to it. The attorney general shall
publish the pamphlet on the web site of the attorney general and
shall provide the address of the web site to any person who
requests the pamphlet.
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(C) The Ohio peace officer training commission shall maintain 199
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statistics with respect to the issuance, renewal, suspension,
revocation, and denial of concealed handgun licenses under section
2923.125 of the Revised Code and the suspension of processing of
applications for those licenses, and with respect to the issuance,
suspension, revocation, and denial of concealed handgun licenses
on a temporary emergency basis under section 2923.1213 of the
Revised Code, as reported by the sheriffs pursuant to division (C)
of section 2923.129 of the Revised Code. Not later than the first
day of March in each year, the commission shall submit a
statistical report to the governor, the president of the senate,
and the speaker of the house of representatives indicating the
number of concealed handgun licenses that were issued, renewed,
suspended, revoked, and denied under section 2923.125 of the
Revised Code in the previous calendar year, the number of
applications for those licenses for which processing was suspended
in accordance with division (D)(3) of that section in the previous
calendar year, and the number of concealed handgun licenses on a
temporary emergency basis that were issued, suspended, revoked, or
denied under section 2923.1213 of the Revised Code in the previous
calendar year. Nothing in the statistics or the statistical report
shall identify, or enable the identification of, any individual
who was issued or denied a license, for whom a license was
renewed, whose license was suspended or revoked, or for whom
application processing was suspended. The statistics and the
statistical report are public records for the purpose of section
149.43 of the Revised Code.
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(D) As used in this section, "concealed handgun license" and
"handgun" have the same meanings as in section 2923.11 of the
Revised Code.
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Sec. 109.85. (A) Upon the written request of the governor,
the general assembly, the auditor of state, the medicaid director,
the director of health, or the director of budget and management,
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or upon the attorney general's becoming aware of criminal or
improper activity related to Chapter 3721. of the Revised Code and
the medicaid program, the attorney general shall investigate any
criminal or civil violation of law related to Chapter 3721. of the
Revised Code or the medicaid program.
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(B) When it appears to the attorney general, as a result of
an investigation under division (A) of this section, that there is
cause to prosecute for the commission of a crime or to pursue a
civil remedy, the attorney general may refer the evidence to the
prosecuting attorney having jurisdiction of the matter, or to a
regular grand jury drawn and impaneled pursuant to sections
2939.01 to 2939.24 of the Revised Code, or to a special grand jury
drawn and impaneled pursuant to section 2939.17 of the Revised
Code, or the attorney general may initiate and prosecute any
necessary criminal or civil actions in any court or tribunal of
competent jurisdiction in this state. When proceeding under this
section, the attorney general, and any assistant or special
counsel designated by the attorney general for that purpose, have
all rights, privileges, and powers of prosecuting attorneys. The
attorney general shall have exclusive supervision and control of
all investigations and prosecutions initiated by the attorney
general under this section. The forfeiture provisions of Chapter
2981. of the Revised Code apply in relation to any such criminal
action initiated and prosecuted by the attorney general.
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(C) Nothing in this section shall prevent a county
prosecuting attorney from investigating and prosecuting criminal
activity related to Chapter 3721. of the Revised Code and the
medicaid program. The forfeiture provisions of Chapter 2981. of
the Revised Code apply in relation to any prosecution of criminal
activity related to the medicaid program undertaken by the
prosecuting attorney.
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Investigators conducting an investigation pursuant to this 263
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section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
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Sec. 109.86. (A) The attorney general shall investigate any
activity the attorney general has reasonable cause to believe is
in violation of section 2903.34 of the Revised Code. Upon written
request of the governor, the general assembly, the auditor of
state, or the director of health, job and family services, aging,
mental health and addiction services, or developmental
disabilities, the attorney general shall investigate any activity
these persons believe is in violation of section 2903.34 of the
Revised Code. If after an investigation the attorney general has
probable cause to prosecute for the commission of a crime, the
attorney general shall refer the evidence to the prosecuting
attorney, director of law, or other similar chief legal officer
having jurisdiction over the matter. If the prosecuting attorney
decides to present the evidence to a grand jury, the prosecuting
attorney shall notify the attorney general in writing of the
decision within thirty days after referral of the matter and shall
present the evidence prior to the discharge of the next regular
grand jury. If the director of law or other chief legal officer
decides to prosecute the case, the director or officer shall
notify the attorney general in writing of the decision within
thirty days and shall initiate prosecution within sixty days after
the matter was referred to the director or officer.
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(B) If the prosecuting attorney, director of law, or other
chief legal officer fails to notify the attorney general or to
present evidence or initiate prosecution in accordance with
division (A) of this section, the attorney general may present the
evidence to a regular grand jury drawn and impaneled pursuant to
sections 2939.01 to 2939.24 of the Revised Code, or to a special
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grand jury drawn and impaneled pursuant to section 2939.17 of the
Revised Code, or the attorney general may initiate and prosecute
any action in any court or tribunal of competent jurisdiction in
this state. The attorney general, and any assistant or special
counsel designated by the attorney general, have all the powers of
a prosecuting attorney, director of law, or other chief legal
officer when proceeding under this section. Nothing in this
section shall limit or prevent a prosecuting attorney, director of
law, or other chief legal officer from investigating and
prosecuting criminal activity committed against a resident or
patient of a care facility.
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Investigators conducting an investigation pursuant to this
section may be authorized to go armed while conducting an
investigation under this section and if so authorized are exempt
from section 2923.12 of the Revised Code in the same manner as
sheriffs and regularly appointed police officers.
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Sec. 311.41. (A)(1) Upon receipt of an application for a
concealed handgun license under division (C) of section 2923.125
of the Revised Code, an application to renew a concealed handgun
license under division (F) of that section, or an application for
a concealed handgun license on a temporary emergency basis under
section 2923.1213 of the Revised Code, the sheriff shall conduct a
criminal records check and an incompetency check of the applicant
to determine whether the applicant fails to meet the criteria
described in division (D)(1) of section 2923.125 of the Revised
Code. As part of any such criminal records check, the sheriff
shall contact the national instant criminal background check
system to verify that the applicant is eligible lawfully to
receive or possess a firearm in the United States. The sheriff
shall conduct the criminal records check and the incompetency
records check required by this division through use of an
electronic fingerprint reading device or, if the sheriff does not
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possess and does not have ready access to the use of an electronic
fingerprint reading device, by requesting the bureau of criminal
identification and investigation to conduct the checks as
described in this division.
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In order to conduct the criminal records check and the
incompetency records check, the sheriff shall obtain the
fingerprints of at least four fingers of the applicant by using an
electronic fingerprint reading device for the purpose of
conducting the criminal records check and the incompetency records
check or, if the sheriff does not possess and does not have ready
access to the use of an electronic fingerprint reading device,
shall obtain from the applicant a completed standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code. The fingerprints so obtained, along
with the applicant's social security number, shall be used to
conduct the criminal records check and the incompetency records
check. If the sheriff does not use an electronic fingerprint
reading device to obtain the fingerprints and conduct the records
checks, the sheriff shall submit the completed standard
fingerprint impression sheet of the applicant, along with the
applicant's social security number, to the superintendent of the
bureau of criminal identification and investigation and shall
request the bureau to conduct the criminal records check and the
incompetency records check of the applicant and, if necessary,
shall request the superintendent of the bureau to obtain
information from the federal bureau of investigation as part of
the criminal records check for the applicant. If it is not
possible to use an electronic fingerprint reading device to
conduct an incompetency records check, the sheriff shall submit
the completed standard fingerprint impression sheet of the
applicant, along with the applicant's social security number, to
the superintendent of the bureau of criminal identification and
investigation and shall request the bureau to conduct the
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incompetency records check. The sheriff shall not retain the
applicant's fingerprints as part of the application.
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(2) Except as otherwise provided in this division, if at any
time the applicant decides not to continue with the application
process, the sheriff immediately shall cease any investigation
that is being conducted under division (A)(1) of this section. The
sheriff shall not cease that investigation if, at the time of the
applicant's decision not to continue with the application process,
the sheriff had determined from any of the sheriff's
investigations that the applicant then was engaged in activity of
a criminal nature.
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(B) If a criminal records check and an incompetency records
check conducted under division (A) of this section do not indicate
that the applicant fails to meet the criteria described in
division (D)(1) of section 2923.125 of the Revised Code, except as
otherwise provided in this division, the sheriff shall destroy or
cause a designated employee to destroy all records other than the
application for a concealed handgun license, the application to
renew a concealed handgun license, or the affidavit submitted
regarding an application for a concealed handgun license on a
temporary emergency basis that were made in connection with the
criminal records check and incompetency records check within
twenty days after conducting the criminal records check and
incompetency records check. If an applicant appeals a denial of an
application as described in division (D)(2) of section 2923.125 of
the Revised Code or challenges the results of a criminal records
check pursuant to section 2923.127 of the Revised Code, records of
fingerprints of the applicant shall not be destroyed during the
pendency of the appeal or the challenge and review. When an
applicant appeals a denial as described in that division, the
twenty-day period described in this division commences regarding
the fingerprints upon the determination of the appeal. When
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required as a result of a challenge and review performed pursuant
to section 2923.127 of the Revised Code, the source the sheriff
used in conducting the criminal records check shall destroy or the
chief operating officer of the source shall cause an employee of
the source designated by the chief to destroy all records other
than the application for a concealed handgun license, the
application to renew a concealed handgun license, or the affidavit
submitted regarding an application for a concealed handgun license
on a temporary emergency basis that were made in connection with
the criminal records check within twenty days after completion of
that challenge and review.
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(C) If division (B) of this section applies to a particular
criminal records check or incompetency records check, no sheriff,
employee of a sheriff designated by the sheriff to destroy records
under that division, source the sheriff used in conducting the
criminal records check or incompetency records check, or employee
of the source designated by the chief operating officer of the
source to destroy records under that division shall fail to
destroy or cause to be destroyed within the applicable twenty-day
period specified in that division all records other than the
application for a concealed handgun license, the application to
renew a concealed handgun license, or the affidavit submitted
regarding an application for a concealed handgun license on a
temporary emergency basis made in connection with the particular
criminal records check or incompetency records check.
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(D) Whoever violates division (C) of this section is guilty
of failure to destroy records, a misdemeanor of the second degree.
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(E) As used in this section, "concealed: 420
(1) "Concealed handgun license" and "handgun" have the same
meanings as in section 2923.11 of the Revised Code.
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(2) "National instant criminal background check system" means 423
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the system established by the United States attorney general
pursuant to section 103 of the "Brady Handgun Violence Prevention
Act," Pub. L. No. 103-159.
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Sec. 311.42. (A) Each county shall establish in the county
treasury a sheriff's concealed handgun license issuance expense
fund. The sheriff of that county shall deposit into that fund all
fees paid by applicants for the issuance or renewal of a concealed
handgun license or duplicate concealed handgun license under
section 2923.125 of the Revised Code and all fees paid by the
person seeking a concealed handgun license on a temporary
emergency basis under section 2923.1213 of the Revised Code. The
county shall distribute all fees deposited into the fund except
forty dollars of each fee paid by an applicant under division (B)
of section 2923.125 of the Revised Code, fifteen dollars of each
fee paid under section 2923.1213 of the Revised Code, and
thirty-five dollars of each fee paid under division (F) of section
2923.125 of the Revised Code to the attorney general to be used to
pay the cost of background checks performed by the bureau of
criminal identification and investigation and the federal bureau
of investigation and to cover administrative costs associated with
issuing the license.
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
(B) The sheriff, with the approval of the board of county
commissioners, may expend any county portion of the fees deposited
into the sheriff's concealed handgun license issuance expense fund
for any costs incurred by the sheriff in connection with
performing;
445
446
447
448
449
(1) Performing any administrative functions related to the
issuance of concealed handgun licenses under section 2923.125 or
2923.1213 of the Revised Code, including, but not limited to,
personnel expenses and the costs of any handgun safety education
program that the sheriff chooses to fund. Additionally, the
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sheriff, with the approval of the board of county commissioners,
may expend any county portion of the fees deposited into the
sheriff's concealed handgun license issuance expense fund for
costs of ammunition used in a course, class, or program
administered by the sheriff for a concealed handgun license; or
455
456
457
458
459
(2) Firearm training, education, or qualification programs. 460
A sheriff shall not expend fees for the purposes described in
division (B)(2) of this section if, within that sheriff's county,
both of the following conditions exist:
461
462
463
(a) A person must make an appointment with the sheriff's
office to submit an application for a concealed handgun license
under section 2923.125 of the Revised Code; and
464
465
466
(b) The sheriff's office does not typically have appointments
available within thirty days of the day the person requests an
appointment.
467
468
469
Sec. 2901.09. (A) As used in this section, "residence" and
"vehicle" have the same meanings as in section 2901.05 of the
Revised Code.
470
471
472
(B) For purposes of any section of the Revised Code that sets
forth a criminal offense, a person who lawfully is in that
person's residence has no duty to retreat before using force in
self-defense, defense of another, or defense of that person's
residence, and a person who lawfully is an occupant of that
person's vehicle or who lawfully is an occupant in a vehicle owned
by an immediate family member of the person has no duty to retreat
before using force in self-defense or defense of another if that
person is in a place that the person lawfully has a right to be.
473
474
475
476
477
478
479
480
481
Sec. 2917.11. (A) No person shall recklessly cause
inconvenience, annoyance, or alarm to another by doing any of the
following:
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(1) Engaging in fighting, in threatening harm to persons or
property, or in violent or turbulent behavior;
485
486
(2) Making unreasonable noise or an offensively coarse
utterance, gesture, or display or communicating unwarranted and
grossly abusive language to any person;
487
488
489
(3) Insulting, taunting, or challenging another, under
circumstances in which that conduct is likely to provoke a violent
response;
490
491
492
(4) Hindering or preventing the movement of persons on a
public street, road, highway, or right-of-way, or to, from,
within, or upon public or private property, so as to interfere
with the rights of others, and by any act that serves no lawful
and reasonable purpose of the offender;
493
494
495
496
497
(5) Creating a condition that is physically offensive to
persons or that presents a risk of physical harm to persons or
property, by any act that serves no lawful and reasonable purpose
of the offender.
498
499
500
501
(B) No person, while voluntarily intoxicated, shall do either
of the following:
502
503
(1) In a public place or in the presence of two or more
persons, engage in conduct likely to be offensive or to cause
inconvenience, annoyance, or alarm to persons of ordinary
sensibilities, which conduct the offender, if the offender were
not intoxicated, should know is likely to have that effect on
others;
504
505
506
507
508
509
(2) Engage in conduct or create a condition that presents a
risk of physical harm to the offender or another, or to the
property of another.
510
511
512
(C) Violation of any statute or ordinance of which an element
is operating a motor vehicle, locomotive, watercraft, aircraft, or
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other vehicle while under the influence of alcohol or any drug of
abuse, is not a violation of division (B) of this section.
515
516
(D) If a person appears to an ordinary observer to be
intoxicated, it is probable cause to believe that person is
voluntarily intoxicated for purposes of division (B) of this
section.
517
518
519
520
(E) The exercise of a constitutional or statutory right is
not, in itself, a violation of this section and does not
constitute reasonable, articulable suspicion of criminal activity.
521
522
523
(F)(1) Whoever violates this section is guilty of disorderly
conduct.
524
525
(2) Except as otherwise provided in division (E)(F)(3) of
this section, disorderly conduct is a minor misdemeanor.
526
527
(3) Disorderly conduct is a misdemeanor of the fourth degree
if any of the following applies:
528
529
(a) The offender persists in disorderly conduct after
reasonable warning or request to desist.
530
531
(b) The offense is committed in the vicinity of a school or
in a school safety zone.
532
533
(c) The offense is committed in the presence of any law
enforcement officer, firefighter, rescuer, medical person,
emergency medical services person, or other authorized person who
is engaged in the person's duties at the scene of a fire,
accident, disaster, riot, or emergency of any kind.
534
535
536
537
538
(d) The offense is committed in the presence of any emergency
facility person who is engaged in the person's duties in an
emergency facility.
539
540
541
(F)(G) As used in this section: 542
(1) "Emergency medical services person" is the singular of
"emergency medical services personnel" as defined in section
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2133.21 of the Revised Code. 545
(2) "Emergency facility person" is the singular of "emergency
facility personnel" as defined in section 2909.04 of the Revised
Code.
546
547
548
(3) "Emergency facility" has the same meaning as in section
2909.04 of the Revised Code.
549
550
(4) "Committed in the vicinity of a school" has the same
meaning as in section 2925.01 of the Revised Code.
551
552
Sec. 2917.31. (A) No person shall cause the evacuation of any
public place, or otherwise cause serious public inconvenience or
alarm, by doing any of the following:
553
554
555
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other catastrophe,
knowing that such report or warning is false;
556
557
558
(2) Threatening to commit any offense of violence; 559
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
560
561
562
(B)(1) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
563
564
(2) The exercise of a constitutional or statutory right is
not, in itself, a violation of this section and does not
constitute reasonable, articulable suspicion of criminal activity.
565
566
567
(C)(1) Whoever violates this section is guilty of inducing
panic.
568
569
(2) Except as otherwise provided in division (C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is a
misdemeanor of the first degree.
570
571
572
(3) Except as otherwise provided in division (C)(4), (5), 573
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(6), (7), or (8) of this section, if a violation of this section
results in physical harm to any person, inducing panic is a felony
of the fourth degree.
574
575
576
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of this section, if a violation of this section
results in economic harm, the penalty shall be determined as
follows:
577
578
579
580
(a) If the violation results in economic harm of one thousand
dollars or more but less than seven thousand five hundred dollars
and if division (C)(3) of this section does not apply, inducing
panic is a felony of the fifth degree.
581
582
583
584
(b) If the violation results in economic harm of seven
thousand five hundred dollars or more but less than one hundred
fifty thousand dollars, inducing panic is a felony of the fourth
degree.
585
586
587
588
(c) If the violation results in economic harm of one hundred
fifty thousand dollars or more, inducing panic is a felony of the
third degree.
589
590
591
(5) If the public place involved in a violation of division
(A)(1) of this section is a school or an institution of higher
education, inducing panic is a felony of the second degree.
592
593
594
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or (8) of this
section, inducing panic is a felony of the fourth degree.
595
596
597
598
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in physical harm to any person,
inducing panic is a felony of the third degree.
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(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this section, if a
violation of this section results in economic harm of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.
604
605
606
607
608
609
(D)(1) It is not a defense to a charge under this section
that pertains to a purported or threatened use of a weapon of mass
destruction that the offender did not possess or have the ability
to use a weapon of mass destruction or that what was represented
to be a weapon of mass destruction was not a weapon of mass
destruction.
610
611
612
613
614
615
(2) Any act that is a violation of this section and any other
section of the Revised Code may be prosecuted under this section,
the other section, or both sections.
616
617
618
(E) As used in this section: 619
(1) "Economic harm" means any of the following: 620
(a) All direct, incidental, and consequential pecuniary harm
suffered by a victim as a result of criminal conduct. "Economic
harm" as described in this division includes, but is not limited
to, all of the following:
621
622
623
624
(i) All wages, salaries, or other compensation lost as a
result of the criminal conduct;
625
626
(ii) The cost of all wages, salaries, or other compensation
paid to employees for time those employees are prevented from
working as a result of the criminal conduct;
627
628
629
(iii) The overhead costs incurred for the time that a
business is shut down as a result of the criminal conduct;
630
631
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
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(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
634
635
636
637
638
639
640
(2) "School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a violation of this section is committed.
641
642
643
644
645
646
(3) "Weapon of mass destruction" means any of the following: 647
(a) Any weapon that is designed or intended to cause death or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
648
649
650
(b) Any weapon involving a disease organism or biological
agent;
651
652
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
653
654
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
655
656
657
658
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
659
660
661
662
(ii) Any combination of parts either designed or intended for 663
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use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and from which
an item or device described in that division may be readily
assembled.
664
665
666
667
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
668
669
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
670
671
(6) "Institution of higher education" means any of the
following:
672
673
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
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675
676
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
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678
679
680
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
681
682
683
Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the
Revised Code:
684
685
(A) "Deadly weapon" means any instrument, device, or thing
capable of inflicting death, and designed or specially adapted for
use as a weapon, or possessed, carried, or used as a weapon.
686
687
688
(B)(1) "Firearm" means any deadly weapon capable of expelling
or propelling one or more projectiles by the action of an
explosive or combustible propellant. "Firearm" includes an
unloaded firearm, and any firearm that is inoperable but that can
readily be rendered operable.
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(2) When determining whether a firearm is capable of
expelling or propelling one or more projectiles by the action of
an explosive or combustible propellant, the trier of fact may rely
upon circumstantial evidence, including, but not limited to, the
representations and actions of the individual exercising control
over the firearm.
694
695
696
697
698
699
(C) "Handgun" means any of the following: 700
(1) Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand;
701
702
(2) Any combination of parts from which a firearm of a type
described in division (C)(1) of this section can be assembled.
703
704
(D) "Semi-automatic firearm" means any firearm designed or
specially adapted to fire a single cartridge and automatically
chamber a succeeding cartridge ready to fire, with a single
function of the trigger.
705
706
707
708
(E) "Automatic firearm" means any firearm designed or
specially adapted to fire a succession of cartridges with a single
function of the trigger. "Automatic firearm" also means any
semi-automatic firearm designed or specially adapted to fire more
than thirty-one cartridges without reloading, other than a firearm
chambering only .22 caliber short, long, or long-rifle cartridges.
709
710
711
712
713
714
(F) "Sawed-off firearm" means a shotgun with a barrel less
than eighteen inches long, or a rifle with a barrel less than
sixteen inches long, or a shotgun or rifle less than twenty-six
inches long overall.
715
716
717
718
(G) "Zip-gun" means any of the following: 719
(1) Any firearm of crude and extemporized manufacture; 720
(2) Any device, including without limitation a starter's
pistol, that is not designed as a firearm, but that is specially
adapted for use as a firearm;
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(3) Any industrial tool, signalling device, or safety device,
that is not designed as a firearm, but that as designed is capable
of use as such, when possessed, carried, or used as a firearm.
724
725
726
(H) "Explosive device" means any device designed or specially
adapted to cause physical harm to persons or property by means of
an explosion, and consisting of an explosive substance or agency
and a means to detonate it. "Explosive device" includes without
limitation any bomb, any explosive demolition device, any blasting
cap or detonator containing an explosive charge, and any pressure
vessel that has been knowingly tampered with or arranged so as to
explode.
727
728
729
730
731
732
733
734
(I) "Incendiary device" means any firebomb, and any device
designed or specially adapted to cause physical harm to persons or
property by means of fire, and consisting of an incendiary
substance or agency and a means to ignite it.
735
736
737
738
(J) "Ballistic knife" means a knife with a detachable blade
that is propelled by a spring-operated mechanism.
739
740
(K) "Dangerous ordnance" means any of the following, except
as provided in division (L) of this section:
741
742
(1) Any automatic or sawed-off firearm, zip-gun, or ballistic
knife;
743
744
(2) Any explosive device or incendiary device; 745
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,
cyclonite, TNT, picric acid, and other high explosives; amatol,
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high
explosive compositions; plastic explosives; dynamite, blasting
gelatin, gelatin dynamite, sensitized ammonium nitrate,
liquid-oxygen blasting explosives, blasting powder, and other
blasting agents; and any other explosive substance having
sufficient brisance or power to be particularly suitable for use
as a military explosive, or for use in mining, quarrying,
746
747
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749
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excavating, or demolitions; 755
(4) Any firearm, rocket launcher, mortar, artillery piece,
grenade, mine, bomb, torpedo, or similar weapon, designed and
manufactured for military purposes, and the ammunition for that
weapon;
756
757
758
759
(5) Any firearm muffler or silencer; 760
(6) Any combination of parts that is intended by the owner
for use in converting any firearm or other device into a dangerous
ordnance.
761
762
763
(L) "Dangerous ordnance" does not include any of the
following:
764
765
(1) Any firearm, including a military weapon and the
ammunition for that weapon, and regardless of its actual age, that
employs a percussion cap or other obsolete ignition system, or
that is designed and safe for use only with black powder;
766
767
768
769
(2) Any pistol, rifle, or shotgun, designed or suitable for
sporting purposes, including a military weapon as issued or as
modified, and the ammunition for that weapon, unless the firearm
is an automatic or sawed-off firearm;
770
771
772
773
(3) Any cannon or other artillery piece that, regardless of
its actual age, is of a type in accepted use prior to 1887, has no
mechanical, hydraulic, pneumatic, or other system for absorbing
recoil and returning the tube into battery without displacing the
carriage, and is designed and safe for use only with black powder;
774
775
776
777
778
(4) Black powder, priming quills, and percussion caps
possessed and lawfully used to fire a cannon of a type defined in
division (L)(3) of this section during displays, celebrations,
organized matches or shoots, and target practice, and smokeless
and black powder, primers, and percussion caps possessed and
lawfully used as a propellant or ignition device in small-arms or
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780
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small-arms ammunition; 785
(5) Dangerous ordnance that is inoperable or inert and cannot
readily be rendered operable or activated, and that is kept as a
trophy, souvenir, curio, or museum piece.
786
787
788
(6) Any device that is expressly excepted from the definition
of a destructive device pursuant to the "Gun Control Act of 1968,"
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations
issued under that act.
789
790
791
792
(M) "Explosive" means any chemical compound, mixture, or
device, the primary or common purpose of which is to function by
explosion. "Explosive" includes all materials that have been
classified as division 1.1, division 1.2, division 1.3, or
division 1.4 explosives by the United States department of
transportation in its regulations and includes, but is not limited
to, dynamite, black powder, pellet powders, initiating explosives,
blasting caps, electric blasting caps, safety fuses, fuse
igniters, squibs, cordeau detonant fuses, instantaneous fuses, and
igniter cords and igniters. "Explosive" does not include
"fireworks," as defined in section 3743.01 of the Revised Code, or
any substance or material otherwise meeting the definition of
explosive set forth in this section that is manufactured, sold,
possessed, transported, stored, or used in any activity described
in section 3743.80 of the Revised Code, provided the activity is
conducted in accordance with all applicable laws, rules, and
regulations, including, but not limited to, the provisions of
section 3743.80 of the Revised Code and the rules of the fire
marshal adopted pursuant to section 3737.82 of the Revised Code.
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
(N)(1) "Concealed handgun license" or "license to carry a
concealed handgun" means, subject to division (N)(2) of this
section, a license or temporary emergency license to carry a
concealed handgun issued under section 2923.125 or 2923.1213 of
the Revised Code or a license to carry a concealed handgun issued
812
813
814
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by another state with which the attorney general has entered into
a reciprocity agreement under section 109.69 of the Revised Code.
817
818
(2) A reference in any provision of the Revised Code to a
concealed handgun license issued under section 2923.125 of the
Revised Code or a license to carry a concealed handgun issued
under section 2923.125 of the Revised Code means only a license of
the type that is specified in that section. A reference in any
provision of the Revised Code to a concealed handgun license
issued under section 2923.1213 of the Revised Code, a license to
carry a concealed handgun issued under section 2923.1213 of the
Revised Code, or a license to carry a concealed handgun on a
temporary emergency basis means only a license of the type that is
specified in section 2923.1213 of the Revised Code. A reference in
any provision of the Revised Code to a concealed handgun license
issued by another state or a license to carry a concealed handgun
issued by another state means only a license issued by another
state with which the attorney general has entered into a
reciprocity agreement under section 109.69 of the Revised Code.
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
(O) "Valid concealed handgun license" or "valid license to
carry a concealed handgun" means a concealed handgun license that
is currently valid, that is not under a suspension under division
(A)(1) of section 2923.128 of the Revised Code, under section
2923.1213 of the Revised Code, or under a suspension provision of
the state other than this state in which the license was issued,
and that has not been revoked under division (B)(1) of section
2923.128 of the Revised Code, under section 2923.1213 of the
Revised Code, or under a revocation provision of the state other
than this state in which the license was issued.
835
836
837
838
839
840
841
842
843
844
(P) "Crime punishable by imprisonment for a term exceeding
one year" does not include any of the following:
845
846
(1) Any federal or state offense pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
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similar offenses relating to the regulation of business practices; 849
(2) Any misdemeanor offense punishable by a term of
imprisonment of two years or less.
850
851
(Q) "Intimate partner" means, with respect to a person, the
spouse of the person, a former spouse of the person, an individual
who is a parent of a child of the person, and an individual who
cohabitates or has cohabited with the person.
852
853
854
855
(R) "Alien registration number" means the number issued by
the United States citizenship and immigration services agency that
is located on the alien's permanent resident card and may also be
commonly referred to as the "USCIS number" or the "alien number."
856
857
858
859
Sec. 2923.125. (A) It is the intent of the general assembly
that Ohio concealed handgun license law be compliant with the
national instant criminal background check system, that the bureau
of alcohol, tobacco, firearms and explosives is able to determine
that Ohio law is compliant with the national instant criminal
background check system, and that no person shall be eligible to
receive a concealed handgun license permit under section 2923.125
or 2923.1213 of the Revised Code unless the person is eligible
lawfully to receive or possess a firearm in the United States.
860
861
862
863
864
865
866
867
868
(A) This section applies with respect to the application for
and issuance by this state of concealed handgun licenses other
than concealed handgun licenses on a temporary emergency basis
that are issued under section 2923.1213 of the Revised Code. Upon
the request of a person who wishes to obtain a concealed handgun
license with respect to which this section applies or to renew a
concealed handgun license with respect to which this section
applies, a sheriff, as provided in division (I) of this section,
shall provide to the person free of charge an application form and
the web site address at which a printable version of the
application form that can be downloaded and the pamphlet described
869
870
871
872
873
874
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876
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in division (B) of section 109.731 of the Revised Code may be
found. A sheriff shall accept a completed application form and the
fee, items, materials, and information specified in divisions
(B)(1) to (5) of this section at the times and in the manners
described in division (I) of this section.
880
881
882
883
884
(B) An applicant for a concealed handgun license with respect
to which this section applies who is a resident of this state
shall submit a completed application form and all of the following
to the sheriff of the county in which the applicant resides or to
the sheriff of any county adjacent to the county in which the
applicant resides. An applicant for a license who resides in
another state shall submit a completed application form and all of
the following, to the sheriff of the county in which the applicant
is employed or to the sheriff of any county adjacent to the county
in which the applicant is employed:
885
886
887
888
889
890
891
892
893
894
(1)(a) A nonrefundable license fee as described in either of
the following:
895
896
(i) For an applicant who has been a resident of this state
for five or more years, a fee of sixty-seven dollars;
897
898
(ii) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state, a
fee of sixty-seven dollars plus the actual cost of having a
background check performed by the federal bureau of investigation.
899
900
901
902
(b) No sheriff shall require an applicant to pay for the cost
of a background check performed by the bureau of criminal
identification and investigation.
903
904
905
(c) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
906
907
908
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Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
911
912
913
914
915
(d) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised Code. The county shall distribute
the fees in accordance with section 311.42 of the Revised Code.
916
917
918
919
920
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
921
922
(3) One or more of the following competency certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within the three years immediately preceding the
application the applicant has performed that to which the
competency certification relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the is a former member of the armed
forces of the United States and has retired from the armed forces
or has received an honorable discharge or retirement to which the
competency certification relates occurred:
923
924
925
926
927
928
929
930
931
932
933
934
935
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the national rifle association and that
complies with the requirements set forth in division (G) of this
section;
936
937
938
939
940
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(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that satisfies all of
the following criteria:
942
943
944
945
(i) It was open to members of the general public. 946
(ii) It utilized qualified instructors who were certified by
the national rifle association, the executive director of the Ohio
peace officer training commission pursuant to section 109.75 or
109.78 of the Revised Code, or a governmental official or entity
of another state.
947
948
949
950
951
(iii) It was offered by or under the auspices of a law
enforcement agency of this or another state or the United States,
a public or private college, university, or other similar
postsecondary educational institution located in this or another
state, a firearms training school located in this or another
state, or another type of public or private entity or organization
located in this or another state.
952
953
954
955
956
957
958
(iv) It complies with the requirements set forth in division
(G) of this section.
959
960
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director of the Ohio peace officer training commission pursuant to
section 109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily completed and been issued a
certificate of completion of a basic firearms training program, a
firearms requalification training program, or another basic
training program described in section 109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
961
962
963
964
965
966
967
968
969
970
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(d) A document that evidences both of the following: 973
(i) That the applicant is an active or reserve member of the
armed forces of the United States, was honorably discharged from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
974
975
976
977
978
979
980
981
(ii) That, through participation in the military service or
through the former employment described in division (B)(3)(d)(i)
of this section, the applicant acquired experience with handling
handguns or other firearms, and the experience so acquired was
equivalent to training that the applicant could have acquired in a
course, class, or program described in division (B)(3)(a), (b), or
(c) of this section.
982
983
984
985
986
987
988
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise described in division (B)(3)(a),
(b), (c), or (d) of this section, that was conducted by an
instructor who was certified by an official or entity of the
government of this or another state or the United States or by the
national rifle association, and that complies with the
requirements set forth in division (G) of this section;
989
990
991
992
993
994
995
996
997
(f) An affidavit that attests to the applicant's satisfactory
completion of a course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed
by the applicant's instructor or an authorized representative of
the entity that offered the course, class, or program or under
whose auspices the course, class, or program was offered;
998
999
1000
1001
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(g) A document that evidences that the applicant has
successfully completed either the Ohio peace officer training
program described in section 109.79 of the Revised Code or the
annual firearms requalification training program described in
section 109.801 of the Revised Code.
1004
1005
1006
1007
1008
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
1009
1010
1011
1012
1013
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
1014
1015
1016
1017
1018
1019
1020
(6) If the applicant is not a citizen or national of the
United States, the name of the applicant's country of citizenship
and the applicant's alien registration number issued by the United
States citizenship and immigration services agency.
1021
1022
1023
1024
(7) If the applicant resides in another state, adequate proof
of employment in Ohio.
1025
1026
(C) Upon receipt of the completed application form,
supporting documentation, and, if not waived, license fee of an
applicant under this section, a sheriff, in the manner specified
in section 311.41 of the Revised Code, shall conduct or cause to
be conducted the criminal records check and the incompetency
records check described in section 311.41 of the Revised Code.
1027
1028
1029
1030
1031
1032
(D)(1) Except as provided in division (D)(3) or (4) of this
section, within forty-five days after a sheriff's receipt of an
1033
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applicant's completed application form for a concealed handgun
license under this section, the supporting documentation, and, if
not waived, the license fee, the sheriff shall make available
through the law enforcement automated data system in accordance
with division (H) of this section the information described in
that division and, upon making the information available through
the system, shall issue to the applicant a concealed handgun
license that shall expire as described in division (D)(2)(a) of
this section if all of the following apply:
1035
1036
1037
1038
1039
1040
1041
1042
1043
(a) The applicant is legally living in the United States, has
been a resident of this state for at least forty-five days, and
has been a resident of the county in which the person seeks the
license or a county adjacent to the county in which the person
seeks the license for at least thirty days. For purposes of
division (D)(1)(a) of this section:
1044
1045
1046
1047
1048
1049
(i) If, if a person is absent from the United States, from
this state, or from a particular county in this state in
compliance with military or naval orders as an active or reserve
member of the armed forces of the United States and if prior to
leaving this state in compliance with those orders the United
States the person was legally living in the United States and was
a resident of this state, the person, solely by reason of that
absence, shall not be considered to have lost the person's status
as living in the United States or the person's residence in this
state or in the county in which the person was a resident prior to
leaving this state in compliance with those orders, without regard
to whether or not the person intends to return to this state or to
that county, shall not be considered to have acquired a residence
in any other state, and shall not be considered to have become a
resident of any other state.
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
1065
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armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
1067
1068
1069
1070
1071
1072
1073
1074
(b) The applicant is at least twenty-one years of age. 1075
(c) The applicant is not a fugitive from justice. 1076
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; crime punishable by imprisonment for a term
exceeding one year, a fifth degree felony offense of violence, a
fifth degree felony that involves the illegal possession, use,
sale, administration, or distribution of or trafficking in a drug
of abuse, a misdemeanor offense of violence;, or a violation of
section 2903.14 or 2923.1211 of the Revised Code or a similar
violation in another state.
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
(e) Except as otherwise provided in division (D)(5)(4) of
this section, the applicant has not been convicted of or pleaded
guilty to a felony or an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse crime punishable by imprisonment for a term
exceeding one year, a fifth degree felony offense of violence or,
within ten years before the date of application, a fifth degree
felony that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; has not been adjudicated a delinquent child for committing
1088
1089
1090
1091
1092
1093
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an act that if committed by an adult would be a felony or would be
an offense under Chapter 2925., 3719., or 4729. of the Revised
Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse a crime punishable by imprisonment for a term exceeding one
year, a fifth degree felony offense of violence or, within ten
years before the date of application, a fifth degree felony that
involves the illegal possession, use, sale, administration, or
distribution of or trafficking in a drug of abuse; and has not
been convicted of, pleaded guilty to, or adjudicated a delinquent
child for committing a violation of section 2903.13 of the Revised
Code when the victim of the violation is a peace officer,
regardless of whether the applicant was sentenced under division
(C)(4) of that section, or a similar violation in another state.
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
(f) Except as otherwise provided in division (D)(5)(4) of
this section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code or a similar violation in another state; and has
not been adjudicated a delinquent child for committing an act that
if committed by an adult would be a misdemeanor offense of
violence other than a misdemeanor violation of section 2921.33 of
the Revised Code or a violation of section 2903.13 of the Revised
Code when the victim of the violation is a peace officer or for
committing an act that if committed by an adult would be a
misdemeanor violation of section 2923.1211 of the Revised Code or
a similar violation in another state.
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
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application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code or a
similar violation in another state.
1131
1132
1133
1134
(h) Except as otherwise provided in division (D)(5)(4) of
this section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of the Revised Code or a similar violation in
another state.
1135
1136
1137
1138
1139
1140
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
1141
1142
1143
1144
1145
1146
1147
1148
1149
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state order under which it is
unlawful for the applicant to possess or purchase a firearm under
the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 922(g)(8).
1150
1151
1152
1153
1154
(k) The applicant certifies that the applicant desires a
legal means to carry a concealed handgun for defense of the
applicant or a member of the applicant's family while engaged in
lawful activity.
1155
1156
1157
1158
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
1159
1160
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section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
1162
1163
1164
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a concealed handgun license that previously was issued to
the applicant under this section or section 2923.1213 of the
Revised Code or a similar suspension imposed by another state
regarding a concealed handgun license issued by that state.
1165
1166
1167
1168
1169
1170
(n) The applicant certifies that the applicant is not an
unlawful user of or addicted to any controlled substance as
defined in 21 U.S.C. 802.
1171
1172
1173
(o) If the applicant is not a United States citizen, the
applicant is an alien and has not been admitted to the United
States under a nonimmigrant visa, as defined in the "Immigration
and Nationality Act," 8 U.S.C. 1101(a)(26).
1174
1175
1176
1177
(p) The applicant has not been discharged from the armed
forces of the United States under dishonorable conditions.
1178
1179
(q) The applicant certifies that the applicant has not
renounced the applicant's United States citizenship.
1180
1181
(r) The applicant has not been convicted of, pleaded guilty
to, or adjudicated a delinquent child for committing a violation
of section 2919.25 of the Revised Code or a similar violation in
another state.
1182
1183
1184
1185
(2)(a) A concealed handgun license that a sheriff issues
under division (D)(1) of this section shall expire five years
after the date of issuance.
1186
1187
1188
If a sheriff issues a license under this section, the sheriff
shall place on the license a unique combination of letters and
numbers identifying the license in accordance with the procedure
1189
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prescribed by the Ohio peace officer training commission pursuant
to section 109.731 of the Revised Code.
1192
1193
(b) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant. The
applicant may appeal the denial pursuant to section 119.12 of the
Revised Code in the county served by the sheriff who denied the
application. If the denial was as a result of the criminal records
check conducted pursuant to section 311.41 of the Revised Code and
if, pursuant to section 2923.127 of the Revised Code, the
applicant challenges the criminal records check results using the
appropriate challenge and review procedure specified in that
section, the time for filing the appeal pursuant to section 119.12
of the Revised Code and this division is tolled during the
pendency of the request or the challenge and review. If the court
in an appeal under section 119.12 of the Revised Code and this
division enters a judgment sustaining the sheriff's refusal to
grant to the applicant a concealed handgun license, the applicant
may file a new application beginning one year after the judgment
is entered. If the court enters a judgment in favor of the
applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section
2923.128 or 2923.1213 of the Revised Code or to refuse to renew
the license for any proper cause that may occur after the date the
judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1217
1218
(3) If the sheriff with whom an application for a concealed
handgun license was filed under this section becomes aware that
the applicant has been arrested for or otherwise charged with an
offense that would disqualify the applicant from holding the
license, the sheriff shall suspend the processing of the
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application until the disposition of the case arising from the
arrest or charge.
1224
1225
(4) If the sheriff determines that the applicant is legally
living in the United States and is a resident of the county in
which the applicant seeks the license or of an adjacent county but
does not yet meet the residency requirements described in division
(D)(1)(a) of this section, the sheriff shall not deny the license
because of the residency requirements but shall not issue the
license until the applicant meets those residency requirements.
1226
1227
1228
1229
1230
1231
1232
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and if a court has ordered the sealing or expungement
of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to
2953.36, or section 2953.37 of the Revised Code or a court in
another state has ordered the sealing or expungement of the
records of the conviction, guilty plea, or adjudication of a
similar violation in another state pursuant to the laws of that
state or a court has granted the applicant relief pursuant to
section 2923.14 of the Revised Code or a similar statute in
another state from the disability imposed pursuant to section
2923.13 of the Revised Code or a disability imposed by a court in
another state relative to that conviction, guilty plea, or
adjudication, the sheriff with whom the application was submitted
shall not consider the conviction, guilty plea, or adjudication in
making a determination under division (D)(1) or (F) of this
section or, in relation to an application for a concealed handgun
license on a temporary emergency basis submitted under section
2923.1213 of the Revised Code, in making a determination under
division (B)(2) of that section.
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
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(E) If a concealed handgun license issued under this section
is lost or is destroyed, the licensee may obtain from the sheriff
who issued that license a duplicate license upon the payment of a
fee of fifteen dollars and the submission of an affidavit
attesting to the loss or destruction of the license. The sheriff,
in accordance with the procedures prescribed in section 109.731 of
the Revised Code, shall place on the replacement license a
combination of identifying numbers different from the combination
on the license that is being replaced.
1256
1257
1258
1259
1260
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(F)(1) A (a) Except as provided in division (F)(1)(b) of this
section, a licensee who wishes to renew a concealed handgun
license issued under this section shall do so not earlier than
ninety days before the expiration date of the license or at any
time after the expiration date of the license by filing with the
sheriff of the county in which the applicant resides or is
employed or with the sheriff of an adjacent county, an application
for renewal of the license obtained pursuant to division (D) of
this section, a certification by the applicant that, subsequent to
the issuance of the license, the applicant has reread the pamphlet
prepared by the Ohio peace officer training commission pursuant to
section 109.731 of the Revised Code that reviews firearms, dispute
resolution, and use of deadly force matters, and a nonrefundable
license renewal fee in an amount determined pursuant to division
(F)(4) of this section unless the fee is waived.
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(b) A person on active duty in the armed forces of the United
States or in service with the peace corps, volunteers in service
to America, or the foreign service of the United States is exempt
from the license requirements of this section for the period of
the person's active duty or service and for six months thereafter,
provided the person was a licensee under this section at the time
the person commenced the person's active duty or service or had
obtained a license while on active duty or service. The spouse or
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a dependent of any such person on active duty or in service also
is exempt from the license requirements of this section for the
period of the person's active duty or service and for six months
thereafter, provided the spouse or dependent was a licensee under
this section at the time the person commenced the active duty or
service or had obtained a license while the person was on active
duty or service, and provided further that the person's active
duty or service resulted in the spouse or dependent relocating
outside of this state during the period of the active duty or
service. This division does not prevent such a person or the
person's spouse or dependent from making an application for the
renewal of a concealed handgun license during the period of the
person's active duty or service.
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(2) A sheriff shall accept a completed renewal application,
the license renewal fee, and the information specified in division
(F)(1) of this section at the times and in the manners described
in division (I) of this section. Upon receipt of a completed
renewal application, of certification that the applicant has
reread the specified pamphlet prepared by the Ohio peace officer
training commission, and of a license renewal fee unless the fee
is waived, a sheriff, in the manner specified in section 311.41 of
the Revised Code shall conduct or cause to be conducted the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code. The sheriff shall
renew the license if the sheriff determines that the applicant
continues to satisfy the requirements described in division (D)(1)
of this section, except that the applicant is not required to meet
the requirements of division (D)(1)(l) of this section. A renewed
license shall expire five years after the date of issuance. A
renewed license is subject to division (E) of this section and
sections 2923.126 and 2923.128 of the Revised Code. A sheriff
shall comply with divisions (D)(2) to (4) and (3) of this section
when the circumstances described in those divisions apply to a
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requested license renewal. If a sheriff denies the renewal of a
concealed handgun license, the applicant may appeal the denial, or
challenge the criminal record check results that were the basis of
the denial if applicable, in the same manner as specified in
division (D)(2)(b) of this section and in section 2923.127 of the
Revised Code, regarding the denial of a license under this
section.
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(3) A renewal application submitted pursuant to division (F)
of this section shall only require the licensee to list on the
application form information and matters occurring since the date
of the licensee's last application for a license pursuant to
division (B) or (F) of this section. A sheriff conducting the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code shall conduct the
check only from the date of the licensee's last application for a
license pursuant to division (B) or (F) of this section through
the date of the renewal application submitted pursuant to division
(F) of this section.
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(4) An applicant for a renewal concealed handgun license
under this section shall submit to the sheriff of the county in
which the applicant resides or to the sheriff of any county
adjacent to the county in which the applicant resides, or in the
case of an applicant who resides in another state, to the sheriff
of the county that issued the applicant's previous concealed
handgun license a nonrefundable license fee as described in either
of the following:
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(a) For an applicant who has been a resident of this state
for five or more years, a fee of fifty dollars;
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(b) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state
but who is employed in this state, a fee of fifty dollars plus the
actual cost of having a background check performed by the federal
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bureau of investigation. 1353
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program the web site
address at which the pamphlet prepared by the Ohio peace officer
training commission pursuant to section 109.731 of the Revised
Code that reviews firearms, dispute resolution, and use of deadly
force matters may be found. Each such course, class, or program
described in one of those divisions shall include at least twelve
four hours of training in the safe handling and use of a firearm
that shall include training on all of the following matters:
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(a) At least ten hours of training on the following matters: 1364
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
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(ii)(b) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
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(iii)(c) The ability to demonstrate the knowledge, skills,
and attitude necessary to shoot a handgun in a safe manner;
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(iv)(d) Gun handling training. 1372
(b) At least two hours of training; 1373
(e) Training that consists of range time and live-fire
training;
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(f) The locations where carrying a concealed handgun with a
valid license are prohibited.
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(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
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rules for the safe handling of a handgun and proper storage
practices for handguns and ammunition;
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(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a physical demonstration of the attitude necessary to
shoot a handgun in a safe manner.
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(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the course, class, or program the applicant
successfully completed met the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
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(H) Upon deciding to issue a concealed handgun license,
deciding to issue a replacement concealed handgun license, or
deciding to renew a concealed handgun license pursuant to this
section, and before actually issuing or renewing the license, the
sheriff shall make available through the law enforcement automated
data system all information contained on the license. If the
license subsequently is suspended under division (A)(1) or (2) of
section 2923.128 of the Revised Code, revoked pursuant to division
(B)(1) of section 2923.128 of the Revised Code, or lost or
destroyed, the sheriff also shall make available through the law
enforcement automated data system a notation of that fact. The
superintendent of the state highway patrol shall ensure that the
law enforcement automated data system is so configured as to
permit the transmission through the system of the information
specified in this division.
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(I) A sheriff shall accept a completed application form or
renewal application, and the fee, items, materials, and
information specified in divisions (B)(1) to (5) or division (F)
of this section, whichever is applicable, and shall provide an
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application form or renewal application to any person during at
least fifteen hours a week and shall provide the web site address
at which a printable version of the application form that can be
downloaded and the pamphlet described in division (B) of section
109.731 of the Revised Code may be found at any time, upon
request. The sheriff shall post notice of the hours during which
the sheriff is available to accept or provide the information
described in this division.
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Sec. 2923.1213. (A) As used in this section: 1423
(1) "Evidence of imminent danger" means any of the following: 1424
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
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(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
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(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
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(B)(1) A person seeking a concealed handgun license on a
temporary emergency basis shall submit to the sheriff of the
county in which the person resides or in the case of a person who
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usually resides in another state, to the sheriff of the county in
which the person is temporarily staying all of the following:
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(a) Evidence of imminent danger to the person or a member of
the person's family;
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(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; has not been
adjudicated as a mental defective, has not been committed to any
mental institution, is not under adjudication of mental
incompetence, has not been found by a court to be a mentally ill
person subject to hospitalization by court order, and is not an
involuntary patient other than one who is a patient only for
purposes of observation, as described in division (D)(1)(i) of
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that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently subject to a suspension imposed
under division (A)(2) of section 2923.128 of the Revised Code of a
concealed handgun license that previously was issued to the person
or a similar suspension imposed by another state regarding a
concealed handgun license issued by that state; is not an unlawful
user of or addicted to any controlled substance as defined in 21
U.S.C. 802; is an alien and has not been admitted to the United
States under a nonimmigrant visa, as defined in the "Immigration
and Nationality Act," 8 U.S.C. 1101(a)(26); has not been
discharged from the armed forces of the United States under
dishonorable conditions; has not renounced the applicant's United
States citizenship; and has not been convicted of, pleaded guilty
to, or been adjudicated a delinquent child for committing a
violation identified in division (D)(1)(r) of section 2923.125 of
the Revised Code;
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(c) A nonrefundable temporary emergency license fee as
described in either of the following:
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(i) For an applicant who has been a resident of this state
for five or more years, a fee of fifteen dollars plus the actual
cost of having a background check performed by the bureau of
criminal identification and investigation pursuant to section
311.41 of the Revised Code;
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(ii) For an applicant who has been a resident of this state
for less than five years or who is not a resident of this state, a
fee of fifteen dollars plus the actual cost of having background
checks performed by the federal bureau of investigation and the
bureau of criminal identification and investigation pursuant to
section 311.41 of the Revised Code.
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(d) A set of fingerprints of the applicant provided as 1508
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described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
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(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately shall conduct or cause to be
conducted the criminal records check and the incompetency records
check described in section 311.41 of the Revised Code. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) to (r) of
section 2923.125 of the Revised Code apply regarding the person.
If the sheriff determines that all of criteria set forth in
divisions (D)(1)(a) to (j) and (m) to (r) of section 2923.125 of
the Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
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sheriff shall immediately issue to the person a concealed handgun
license on a temporary emergency basis.
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If the sheriff denies the issuance of a license on a
temporary emergency basis to the person, the sheriff shall specify
the grounds for the denial in a written notice to the person. The
person may appeal the denial, or challenge criminal records check
results that were the basis of the denial if applicable, in the
same manners specified in division (D)(2) of section 2923.125 and
in section 2923.127 of the Revised Code, regarding the denial of
an application for a concealed handgun license under that section.
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The license on a temporary emergency basis issued under this
division shall be in the form, and shall include all of the
information, described in divisions (A)(2) and (5) of section
109.731 of the Revised Code, and also shall include a unique
combination of identifying letters and numbers in accordance with
division (A)(4) of that section.
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The license on a temporary emergency basis issued under this
division is valid for ninety days and may not be renewed. A person
who has been issued a license on a temporary emergency basis under
this division shall not be issued another license on a temporary
emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.
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(3) If a person seeking a concealed handgun license on a
temporary emergency basis has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court in another state
has ordered the sealing or expungement of the records of that
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conviction, guilty plea, or adjudication of a similar violation in
another state pursuant to the laws of that state or a court has
granted the applicant relief pursuant to section 2923.14 of the
Revised Code or pursuant to a similar statute in another state
from the disability imposed pursuant to section 2923.13 of the
Revised Code or from a disability imposed by a court in another
state relative to that conviction, guilty plea, or adjudication,
the conviction, guilty plea, or adjudication shall not be relevant
for purposes of the sworn affidavit described in division
(B)(1)(b) of this section, and the person may complete, and swear
to the truth of, the affidavit as if the conviction, guilty plea,
or adjudication never had occurred.
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(4) The sheriff shall waive the payment pursuant to division
(B)(1)(c) of this section of the license fee in connection with an
application that is submitted by an applicant who is a retired
peace officer, a retired person described in division (B)(1)(b) of
section 109.77 of the Revised Code, or a retired federal law
enforcement officer who, prior to retirement, was authorized under
federal law to carry a firearm in the course of duty, unless the
retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.
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The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(c) of this section into the sheriff's concealed
handgun license issuance fund established pursuant to section
311.42 of the Revised Code.
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(C) A person who holds a concealed handgun license on a
temporary emergency basis has the same right to carry a concealed
handgun as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code, and any exceptions to
the prohibitions contained in section 1547.69 and sections 2923.12
to 2923.16 of the Revised Code for a licensee under section
2923.125 of the Revised Code apply to a licensee under this
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section. The person is subject to the same restrictions, and to
all other procedures, duties, and sanctions, that apply to a
person who carries a license issued under section 2923.125 of the
Revised Code, other than the license renewal procedures set forth
in that section.
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(D) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was mailed. Division (H) of section 2923.125 of the Revised
Code applies regarding any suspension or revocation of a concealed
handgun license on a temporary emergency basis.
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(E) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall retain, for the
entire period during which the license is in effect, the evidence
of imminent danger that the person submitted to the sheriff and
that was the basis for the license, or a copy of that evidence, as
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appropriate. 1638
(F) If a concealed handgun license on a temporary emergency
basis issued under this section is lost or is destroyed, the
licensee may obtain from the sheriff who issued that license a
duplicate license upon the payment of a fee of fifteen dollars and
the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code,
shall place on the replacement license a combination of
identifying numbers different from the combination on the license
that is being replaced.
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(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a concealed handgun license on a temporary emergency
basis on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
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(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
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(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a concealed handgun
license on a temporary emergency basis.
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Sec. 2923.13. (A) Unless relieved from disability as provided
in section 2923.14 of the Revised Code, or if the indictment or
conviction occurred in another state, a process similar thereto in
that other state, no person shall knowingly acquire, have, carry,
or use any firearm or dangerous ordnance, if any of the following
apply:
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(1) The person is a fugitive from justice. 1675
(2) The person is under indictment for or has been convicted
of any felony offense of violence or has been adjudicated a
delinquent child for the commission of an offense that, if
committed by an adult, would have been a felony offense of
violence.
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(3) The person is under indictment for or has been convicted
of any felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse
or has been adjudicated a delinquent child for the commission of
an offense that, if committed by an adult, would have been a
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse.
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(4) The person is drug dependent, in danger of drug
dependence, or a chronic alcoholic.
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(5)(4) The person is under adjudication of mental
incompetence, has been adjudicated as a mental defective, has been
committed to a mental institution, has been found by a court to be
a mentally ill person subject to hospitalization by court order,
or is an involuntary patient other than one who is a patient only
for purposes of observation. As used in this division, "mentally
ill person subject to hospitalization by court order" and
"patient" have the same meanings as in section 5122.01 of the
Revised Code.
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(5) It would be unlawful under 18 U.S.C. 922(g) or any other
federal law for the person to possess a firearm or dangerous
ordnance.
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(B) Whoever violates this section is guilty of having weapons
while under disability, a felony of the third degree.
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Sec. 2923.14. (A) Any person who is prohibited from
acquiring, having, carrying, or using firearms may apply to the
court of common pleas in the county in which the person resides
for relief from such prohibition.
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(B) The application shall recite the following: 1708
(1) All indictments, convictions, or adjudications upon which
the applicant's disability is based, the sentence imposed and
served, and any release granted under a community control
sanction, post-release control sanction, or parole, any partial or
conditional pardon granted, or other disposition of each case, or,
if the disability is based upon a factor other than an indictment,
a conviction, or an adjudication, the factor upon which the
disability is based and all details related to that factor;
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(2) Facts showing the applicant to be a fit subject for
relief under this section.
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(C) A copy of the application shall be served on the county
prosecutor. The county prosecutor shall cause the matter to be
investigated and shall raise before the court any objections to
granting relief that the investigation reveals.
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(D) Upon hearing, the court may grant the applicant relief
pursuant to this section, if all of the following apply:
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(1) One of the following applies: 1725
(a) If the disability is based upon an indictment, a
conviction, or an adjudication, the applicant has been fully
discharged from imprisonment, community control, post-release
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control, and parole, or, if the applicant is under indictment, has
been released on bail or recognizance.
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(b) If the disability is based upon a factor other than an
indictment, a conviction, or an adjudication, that factor no
longer is applicable to the applicant.
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(2) The applicant has led a law-abiding life since discharge
or release, and appears likely to continue to do so.
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(3) The applicant is not otherwise prohibited by law from
acquiring, having, or using firearms.
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(E) Costs of the proceeding shall be charged as in other
civil cases, and taxed to the applicant.
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(F) Relief from disability granted pursuant to this section
restores the applicant to all civil firearm rights to the full
extent enjoyed by any citizen, and is subject to the following
conditions:
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(1) Applies only with respect to indictments, convictions, or
adjudications, or to the other factor, recited in the application
as the basis for the applicant's disability;
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(2) Applies only with respect to firearms lawfully acquired,
possessed, carried, or used by the applicant;
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(3) May be revoked by the court at any time for good cause
shown and upon notice to the applicant;
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(4) Is automatically void upon commission by the applicant of
any offense set forth in division (A)(2) or (3) of section 2923.13
of the Revised Code, or upon the applicant's becoming one of the
class of persons named in division (A)(1), (4)(3), or (5)(4) of
that section.
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(G) As used in this section: 1756
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
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(2) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
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Section 2. That existing sections 9.68, 109.69, 109.731,
109.85, 109.86, 311.41, 311.42, 2901.09, 2917.11, 2917.31,
2923.11, 2923.125, 2923.1213, 2923.13, and 2923.14 and sections
2923.1210 and 2923.22 of the Revised Code are hereby repealed.
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